Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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If a California lawyer is also serving as the bankruptcy trustee, may the lawyer-trustee speak directly with the debtor or creditors who are represented by counsel, without those parties' counsel's consent?
Per California Formal Opinion 1989-110, yes. Because the lawyer-trustee is acting as a party (the representative of the bankruptcy estate), former Rule 2-100 did not bar the trustee from…
Is it unethical for a California attorney to represent two unrelated clients while arguing opposite sides of the same legal question before the same federal judge?
Per California Formal Opinion 1989-108, no. The committee opined that even where there is a substantial likelihood that one or both clients will be prejudiced, taking opposite legal positions for…
May a California prosecutor offer to dismiss a colorable criminal case if the defendant stipulates there was probable cause for the arrest, thereby releasing the police agency from civil liability?
Per California Formal Opinion 1989-106, no. The committee opined that a prosecutor's offer to dismiss a colorable prosecution in exchange for a civil-liability release is a veiled threat to continue…
Do the ethics rules require a lawyer to report serious crimes she discovers an opposing party committed while pursuing a civil claim, especially after a confidential settlement?
The opinion concluded the rules do not impose a special reporting duty for a non-client, non-lawyer's crimes beyond an ordinary citizen's, except for the criminal laws on compounding a felony or…
Can a lawyer give the executrix-client a share of the legal fee instead of her taking an executrix fee, to hide her compensation from another heir?
The committee was of the opinion that the arrangement is prohibited on multiple grounds: its purpose to deceive the client's brother violates RPC 1.2(d), it amounts to prohibited financial…
May a lawyer advertise legal services on public buses?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit advertising legal services on public buses.
If a witness hired by a party makes ex parte contact with the opposing side's treating physician, does that violate the rules, and does Loudon v. Mhyre reach the agency?
The committee declined the legal question of whether Loudon v. Mhyre applies to the Department of Labor & Industries. It was of the opinion that if the witness who made ex parte contact with the…
A lawyer learns a former client used a possibly fraudulent document to settle with an insurer and won't correct it; what are the lawyer's duties?
The committee was of the opinion that the lawyer acted properly under RPC 3.3(d) in urging the client to authorize disclosure, that RPC 1.6 then prevents any further disclosure given the client's…
Does the trust-account rule need a new provision telling lawyers how to disburse funds when more than one person claims them?
The committee was of the opinion that no amendment is required: the existing rule, which directs paying the client the funds the client 'is entitled to receive,' resolves the issue, and the question…
If a Special Proceedings Rule requires a guardian ad litem in a minor's settlement, must a lawyer comply with it as a matter of professional conduct?
The committee was of the opinion that, if SPR 98.16W applies to the facts of a minor settlement, RPC 8.4(d) would require the lawyer to comply with that Special Proceedings Rule.
If a lawyer serves as a part-time municipal judge, may the lawyer and the firm represent clients adverse to the municipality in matters outside the municipal court's jurisdiction?
The committee was of the opinion that RPC 1.11 and 1.12 are the applicable rules and that, on the facts presented, nothing in those rules prohibits the lawyer or the firm from representing clients…
After distributing an estate to two heirs, a lawyer learns of a third undisclosed heir; what must the lawyer do if the heir-clients will not correct it?
The committee was of the opinion that RPC 4.1(b) requires the lawyer to call on the heir-clients to correct the apparent fraud on the omitted heir; if they refuse to correct it or to authorize…
If a law firm finds an overbalance in its trust account that may be unwithdrawn earned fees, can it simply take the money, and who pays to prove the fees were earned?
The committee was of the opinion that before taking trust-account funds as earned fees, the firm bears the burden of demonstrating its right to claim ownership, and that any auditing or accounting…
Can a legal-services office let its funding agency examine original financial records that identify clients and the work done for them?
The opinion concluded that the client-identifying records the Legal Services Corporation sought are secrets under RPC 1.6 because their disclosure would be embarrassing or detrimental to the…
May a law firm report a client's delinquent account to a credit reporting bureau?
The committee was of the opinion that a delinquent client account is a confidence or secret that cannot be reported to a credit bureau except in compliance with RPC 1.6(a); doing so would also…
If a lawyer skips an adversarial child-support hearing without telling the client, is that a rules violation, and does a claims officer who is also a lawyer breach the no-contact rule by dealing with the party?
The committee was of the opinion that a lawyer who, without advising the client, fails to attend the hearing violates RPC 1.4(a)'s duty to keep the client reasonably informed, but that on the facts…
When insurance-defense counsel learns from the insured a fact suggesting the insured may not be covered, may the lawyer disclose it to the insurer that hired the lawyer?
The committee concluded that the information the client gave the lawyer is a secret under RPC 1.6, so the lawyer could not disclose it to the insurer and should continue to represent the client.
When a public defender is appointed for a jailed client who is released after 72 hours with no charges filed, when does the representation end?
The committee was of the opinion that the attorney-client relationship begins on appointment and continues, with the lawyer bound by all the Rules of Professional Conduct, until the lawyer has…
After serving as a child's guardian ad litem to review a settlement's adequacy, may the lawyer then represent the child's parents?
The committee was of the opinion that representing the parents after serving as the child's guardian ad litem would create a conflict of interest prohibited by RPC 1.7(b)(2), and that the GAL's only…
Can a lawyer release a deceased client's trust funds to the client's mother?
The committee was of the opinion that this is a legal rather than an ethical question; all it could say is that the lawyer may deliver the money to the mother if the lawyer is satisfied that she is…
May a corporation that employs a staff attorney solicit lawyers for business assisting in bankruptcy and unlawful detainer proceedings, and does that risk aiding the unauthorized practice of law?
The committee was of the opinion that, presuming the letter is not otherwise misleading or deceptive, the rules do not prohibit such solicitation, but it flagged that the arrangement raises a…
If a judge informally asks a public defender whether particular clients have been meeting with the lawyer, may the lawyer answer?
The committee was of the opinion that whether the lawyer's clients have been meeting with the lawyer is a client confidence or secret that RPC 1.6 bars disclosing without the client's consent or a…
May a lawyer charge a contingent fee to defend a client against a non-criminal traffic infraction?
The committee unanimously agreed that a contingent fee could be charged to defend a non-criminal traffic infraction, because such proceedings are not criminal cases and so fall outside the rule's…
When a represented adverse party contacts a lawyer directly and says they want to talk without their own counsel, may the lawyer communicate with them?
The committee was of the opinion that the lawyer first has to resolve whether the adverse party is still represented; before any direct contact the lawyer should confirm the other counsel has…
Does the lawyer-as-witness rule apply to private labor arbitration and unfair-labor-practice hearings, and does it bind an advocate who is not a Washington bar member?
The committee was unanimously of the opinion that the term 'trial' in RPC 3.7 applies to private arbitration hearings under collective bargaining agreements and unfair-labor-practice hearings; but…
Must a lawyer give a client copies of sealed-file documents the client requests, when a statute allows their release only by court order?
The committee was of the opinion that if the pertinent statute prohibits disclosure of the documents, the client would not be entitled to them; it could not give a legal opinion on the statute, but…
May lawyers who share office space and a common phone line answer the telephone as 'law offices'?
The committee was of the opinion that answering the telephone with the term 'law offices' is not misleading, and that neither Formal Opinion 178 nor RPC 7.5(d) would prohibit such conduct.
May a prosecutor, or any lawyer, engage in casual conversation with prospective jurors?
After considerable discussion, the committee was of the opinion that such casual conversation would be prohibited by RPC 3.5, because it might lead to influencing a prospective juror, and by RPC…
When a court orders a public defender to keep representing a defendant despite a possible conflict, must the lawyer continue?
The committee was of the opinion that RPC 1.15(c) requires the lawyer to continue representing the defendant pursuant to the judge's order, but because the matter is currently in litigation the…
May a firm negotiate a merger with another firm when it formerly represented clients adverse to the other firm's clients in ongoing litigation?
The committee was of the opinion that the firm could enter into merger negotiations provided no confidences or secrets of its former client were disclosed, but that RPC 1.9(a) would prohibit a…
Must a lawyer disclose a client's earlier failure to reveal a trust account in a bankruptcy, and does it depend on whether the lawyer still represents the client?
The committee was of the opinion that if the firm remains attorney of record in the bankruptcy it must disclose the earlier failure to disclose the trust account; if it no longer represents the…
May a law firm join a referral arrangement where a corporation collects monthly fees from members and refers them to the firm for a free half-hour and a 10% discount?
The committee, with one dissent, was of the opinion that the proposal would violate RPC 7.2(c) because the lawyer being part of the package the corporation sold constituted something of value given…
May a lawyer also work as a mortgage broker from the same office, and solicit that brokerage business from current and former clients?
The committee was of the opinion that the lawyer must disclose to the parties that the lawyer is not acting as their attorney; may run both the law practice and the brokerage from one office but…
Must a new lawyer disclose a client's past fraud (assisted by a prior lawyer) that the new lawyer has already helped cure?
The committee concluded that, to the extent some fraud was committed, that fraud had now been 'cured,' and was of the opinion that unless the client consents to disclosure, RPC 4.1 and RPC 1.6…
May a lawyer give business cards to a doctor friend to hand out to injured patients who may need a lawyer?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from giving business cards to a doctor who requests them to give to patients, assuming no fee or…
May a lawyer accept a pro bono client referred by an Indian legal services organization litigating against a current firm client?
The committee was of the opinion that under RPC 1.7(b) the lawyer should weigh the duty of loyalty to existing clients and the RPC 1.6 bar on revealing a current or former client's confidences; the…
Must a lawyer disclose that a court-appointed client is no longer financially eligible for appointed counsel, or obtained the appointment by fraud?
Assuming there are clear, communicated financial-eligibility standards, the committee was of the opinion that RPC 4.1(b) requires the lawyer to disclose the information, because failing to do so…
A lawyer holds settlement funds in trust to pay a doctor the lawyer now believes defrauded the insurer. May or must the lawyer disclose, and how should the funds be disbursed?
The committee was of the opinion that the lawyer must first discuss the matter with the client to determine whether fraud occurred; if nondisclosure would assist a criminal or fraudulent act, RPC…
If a lawyer receives a settlement check for more than the agreed amount, what must the lawyer do?
The committee was of the opinion that the lawyer must clarify with the adjuster whether the case was settled for the agreed amount or the larger amount; if the larger payment was made in error, the…
After jointly representing a mother and daughter who are now suing each other over their corporation, may the lawyer disclose what was learned, when one of them objects?
On the facts, the committee was of the opinion that the lawyer could not disclose the information without a court order, as required by RPC 1.6, because the mother objected to disclosure based on…
Must a lawyer release stored documents to a former client who requests them?
The committee was of the opinion that RPC 1.14(b)(4) requires the lawyer to provide the former client all property the client is entitled to receive, and it directed attention to Formal Opinion 181.
May a lawyer disclose client confidences to a non-lawyer supervisor, and may that supervisor direct the lawyer's professional judgment?
The committee was of the opinion that RPC 1.6 prohibits the lawyer from disclosing client confidences or secrets to a non-lawyer supervisor, and that RPC 5.4(c) prohibits the supervisor from…
May an insurance-defense firm use a target-budget system that pays the firm a bonus for handling cases under budget?
Based on the facts submitted, the committee was of the opinion that the proposed target-budget bonus system raised no violations of the Rules of Professional Conduct, so long as the firm complies…
May a firm's lawyer who is licensed only in Texas use letterhead stating 'Board Certified - Family Law -- Texas Board of Legal Specialization'?
The committee was of the opinion that using such letterhead would be prohibited by RPC 7.4, which bars a Washington lawyer from stating or implying that the lawyer is a specialist.
May a lawyer be identified as 'international counsel,' and does the arrangement with an out-of-state-admitted lawyer raise unauthorized-practice concerns?
The committee was of the opinion that identifying a lawyer as 'international counsel' would violate RPC 7.4 because it would imply the lawyer was a specialist; it raised but rendered no opinion on…
May a lawyer provide 'free' legal services to a real estate broker in exchange for the broker's client referrals?
The committee was of the opinion that if the legal services were provided on a quid pro quo basis in exchange for the referrals, it would violate RPC 7.2(c), but if they were not provided on that…
Is a brochure used for direct-mail solicitation proper, and what record must a lawyer keep of the mailing?
The committee found nothing improper in the proposed direct-mail brochure but rendered no opinion on its specific content beyond requiring it to comply with RPC 7.1, and it reminded the lawyer that…
Can opposing counsel contact a city's employees directly, or does the no-contact rule treat them as represented by the city's lawyer?
The committee concluded that nothing in the rules barred adverse counsel from communicating with city employees unless the employee was a speaking agent for the city on the matter, or there was an…
Can a suspended lawyer still collect a share of contingent fees on cases handled before the suspension?
The committee concluded that a suspended lawyer may be paid his share of a contingent fee for services performed before the suspension, on a quantum meruit basis, based on the value of the services…
How can two solo practitioners who share an office answer a shared phone line without implying they are a partnership?
The committee concluded that answering 'Law offices of A and B' would be misleading under RPC 7.1 because it implies a partnership, but that forms like 'Law Office of A and Law Office of B,' 'Law…
Can a lawyer team up with a nonlawyer to run a medical-ethics consulting practice and share fees and a joint name?
The committee concluded that whether the consulting work was the practice of law was a legal question it could not decide, but that to the extent the lawyer would be practicing law, the lawyer could…
Is it fee-splitting with a nonlawyer for a salaried lawyer to keep court-awarded fees but rebate to the employer the salary paid for that case?
The committee concluded that this arrangement was not a splitting of fees with a nonlawyer, and that so long as the fees otherwise complied with RPC 1.5(a) there was nothing ethically improper about it.
If a lawyer joins the state legislature, can the lawyer keep representing a plaintiff in a lawsuit against the State?
The committee concluded that on becoming a legislator the lawyer had a duty under RPC 1.7 to advise the client of the potential limitations the political career posed and to assess whether that…
Can a client sign an advance consent agreement waiving any future objection to the lawyer later representing an adverse party?
The committee concluded that a lawyer may not prospectively obtain a consent waiving all future objection to representing an adverse party, even where the conflict was identified in advance; the…
After a firm dissolves, can a lawyer audit a former partner's client files in which the lawyer has a financial interest?
The committee concluded that the lawyer first had to determine whether an attorney-client relationship now existed; if it did, the lawyer could access the file, but if not, the lawyer could not…
If a prosecutor's office employs a judge's spouse as a special deputy, must that be disclosed when an office lawyer appears before that judge?
The committee concluded that the prosecutor's office had to disclose to adverse parties that it employed the judge's wife as a special deputy whenever a lawyer for the office appeared before that judge.
After giving a possibly misleading answer to a writ of garnishment, must the lawyer correct it, and what happens on the next writ if the client won't allow disclosure?
The committee concluded that the lawyer had no duty to correct the prior answer, but a future writ of garnishment would require disclosing all facts needed to avoid misleading the garnishor under…
May a lawyer condition settlement on the opposing lawyer personally signing a hold-harmless agreement?
The committee declined to opine, concluding the inquiry presented a legal question (whether a lawyer can be required to do more than the law obligates in exchange for settlement) rather than an…
Does the lawyer-as-witness rule bar a lawyer who is sued from representing himself, or a partner from representing him?
The committee concluded RPC 3.7 is not intended to prevent a lawyer who is a party defendant from representing himself, nor to prevent a partner or associate of that lawyer from representing him in…
Can a lawyer sign demand letters and pleadings prepared by a collection agency client, where the agency keeps the records and the lawyer keeps no case files?
The committee concluded that the lawyer could enter the arrangement only if he knew the debt was owing in each case, reviewed and signed each document before it went out or was filed, exercised…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.